If I have cosmetic surgery done is my husband eligable for leave under FMLA?

Question

I am getting ready to have cosmetic surgery done and I will need help for several days of recovery.  My husband has been at his job for 18 months now I and I was wondering if he would be qualified for PAID time off under the Family Medical Leave Act?

Answer 1

FMLA does not offer paid time off, it just allows an employee to have time off to take care of a sick family member.  So he may be allowed time off to take care of you, but if he does not have some vacation or sick time to use it will not be paid time off.
Since he hasn't been at the job for a long time, and since your surgery is elective don't you think it would be more prudent to have another family member who does not work help you out?  Depending on the surgery, do you REALLY need help?  Most people recovering from surgery recover just fine by laying on the sofa with the tv remote control.  What do you expect your husband will have to do for you?

Answer 2

I doubt it, cosmetic surgery is elective, not an emergent need, so I doubt he will get paid under FMLA which is in place for emergent needs.  It isn't an illness you will have, so it won't be covered.  He can certainly inquire with his human resources person at work, but I strongly doubt it will be covered.

Answer 3

Apparently that is up to the employer.  They are not required by law to let him off work regarding elective surgeries, but if the employer chooses to be more liberal about it, they are free to because this is unpaid time.  FMLA time is never paid time, it is always unpaid.

http://www.workforce.com/phpBB/viewtopic…

Answer 4

I believe so, I don't think they differentiate between surgeries that are considered optional and surgeries that are medically necessary. Unless there's a special provision saying cosmetic surgery is not applicable I think you can.